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IMPACT – LOW
What is the change? Colombia recently began requiring Canadian nationals to pay a fee of COP 160,000 (about 78 CAD or 65 USD) to enter Colombia. The fee was implemented following Canada’s move to collect biometric fees from Colombian nationals applying for visas to travel to Canada.
What does the change mean? Canadian nationals must prepare to pay the fee upon arrival in Colombia.
Background: Colombia’s move in December 2014 to collect a non-reimbursable “Platinum Ticket” fee followed Canada’s move in May 2014 to collect fees of COP 155,000 for biometrics as part of the visa process for Colombian nationals traveling to Canada.
There are a number of Canadian nationals who will be exempt from paying the new fee. They include diplomats, Canadian nationals with Colombian visas, airplane crews, those transiting through Colombia, cruise ship passengers and those arriving by charter to Cartagena’s Rafael Núñez International Airport. Travelers arriving in San Andrés, Old Providence and Santa Catalina Island are also exempt.
BAL Analysis: Canadians will be charged the COP 160,000 fee upon entry and should plan accordingly. Payment of the fee does not guarantee entry into Colombia and Canadian nationals must be in compliance with all other travel requirements in order to be permitted entry.
This alert has been provided by the BAL Global Practice group and our network provider located in Colombia. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – HIGH
What is the change? Australia’s Department of Immigration and Border Protection has proposed a new visa category that would allow high-skilled foreign nationals to work in Australia for up to one year. Berry Appleman & Leiden has been advocating for an appropriate short-term work visa for some time, and the proposal is a welcome development.
What does the change mean? Qualifying applicants would be able to apply for the new one-year visas, rather than go through the costly and time-consuming process of applying for Subclass 457 visas.
Background: A new visa would be welcome news to Australian employers, many of whom have complained about the difficulty of the 457 visa application process. The proposal has come under fire from labour unions, which say a one-year visa for foreign nationals would damage Australia’s domestic labour market. Proponents say that’s not the case and that the visa will help make Australia competitive in the global economy.
Douglas Allison, BAL Sydney’s Client Manager and Solicitor, was quoted on 8 January in the Australian Financial Review saying the proposed visa would be welcomed by businesses, which wanted to be able to make intra-company transfers and short-term appointments quickly and simply. In the article, Allison also advocated BAL’s preferred position to remove the current age threshold of 50 for skilled permanent residence. He commented that “to suggest that skilled persons over the age of 50, if they were to permanently migrate to Australia, are not able to provide a sufficient contribution to society and create a benefit to members of the Australian community, is misconstrued and borders on the adoption of discriminatory practices.”
BAL Analysis: A one-year short-term mobility visa would be a significant benefit to Australian employers looking to stay competitive in the global economy. BAL Australia’s Managing Director, Tim Denney, stated that in “today’s modern economy it is imperative that businesses operating in Australia and across the globe have the flexibility to move highly skilled employees quickly and efficiently across borders for short-term assignments. A visa such as the proposed short-term mobility visa would assist the Australian economy to remain completive and assist to create economic growth.” BAL Australia will continue to monitor the process and will keep clients updated on key developments.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 9683856
IMPACT – MEDIUM
What is the change? Employment Pass holders whose monthly income is less than 5,000 Malaysian Ringgits (about US $1,400) are no longer eligible to sponsor spouses or children on Dependent Passes.
What does the change mean? It will be significantly harder for a number of foreign nationals working in Malaysia to live in Malaysia with their spouses and children.
Background: The change came about as a result of a joint decision between Malaysia’s immigration authorities and its Multimedia Development Corporation (MDeC). The decision initially covered ICT status companies, but was extended to cover MSC status companies, too.
Current Dependent Pass holders whose sponsor’s salary falls below the new minimum can remain until the expiration of their current passes. A renewal request will be denied, however, unless the Employment Pass holder’s salary rises above 5,000 Malaysian Ringgits per month.
BAL Analysis: While the policy change will not affect foreign nationals making more than 5,000 Malaysian Ringgits a month, it has a big impact on those making less than that amount and will make it significantly more challenging for them – if not impossible – to live with their families in Malaysia. The change could hinder employers’ ability to recruit foreign nationals as well, because one factor workers might consider before accepting an assignment in Malaysia is the ability to be with their dependents.
This alert has been provided by the BAL Global Practice group and our network provider located in Malaysia. For additional information, please contact your BAL attorney.
What is the change? Business visitors in need of a Multiple Entry Visa for Business are now required to obtain it from a Vietnamese Embassy overseas before they can travel to Vietnam.
What does the change mean? Foreign nationals who were previously allowed to obtain the three-month Multiple Entry Visa for Business upon arrival in Vietnam must now make plans to obtain their visas in advance.
Background: With a new immigration law coming into effect on Jan.1, 2015, the three-month Multiple Entry Visa will only be issued on arrival for tourism purposes, not business. Business visitors and foreign nationals intending to start work in Vietnam must now obtain a Multiple Entry Visa for Business in advance of travel from the Vietnamese Embassy with jurisdiction over their current residence.
A company located in Vietnam must sponsor the application for a Multiple Entry Visa for Business. A detailed schedule of activities or work to be conducted in Vietnam must be included as part of the application. Typical processing time for a Multiple Entry Visa for Business is currently two weeks. If a foreign national is traveling to Vietnam to start work and obtains his or her work permit before the expiration of his or her visa, in-country extension of the Multiple Entry Visa for Business is still possible.
BAL Analysis: This policy change will require companies to make detailed plans for business trips to Vietnam in advance. Vietnamese immigration regulations have changed frequently over the past few years, with new regulations sometimes being reversed or significantly modified after a trial period. BAL is monitoring the effects of the new immigration law closely, and will provide updates regarding any changes.
This alert has been provided by the BAL Global Practice group and our network provider located in Vietnam. For additional information, please contact your BAL attorney.
What is the change? Employees working for select foreign enterprises in the city of Beijing can now obtain three-year work permits.
What does the change mean? Employees who qualify will no longer need to apply annually to renew their work permits.
Background: Beginning Dec. 25, 2014, authorities began issuing three-year work permits to employees at select foreign enterprises in Beijing. Before the change, the work permits were only valid for one year. The three-year work permits are available to employees working for wholly foreign-owned enterprises, branch offices of foreign companies and ventures or cooperatives between Chinese and non-Chinese companies in Beijing.
Documentation requirements are fairly stringent. In order to obtain a three-year work permit, an application must include an original contract, original passport and original business license (or business registration certificate). All supporting documents must have a validity period of at least three years, otherwise a three-year work permit will not be issued.
For now, there is no corresponding residence program. This means that even applicants who qualify for a three-year work permit can only obtain one-year residence visas, which must be renewed annually.
BAL Analysis: The new program makes it easier for foreign enterprises in Beijing to recruit and retain foreign employees because those employees can now obtain permits to work for three years rather than one. While there is no corresponding residence program, the new work permit system is nonetheless a boon for foreign enterprises covered by the program.
This alert has been provided by the BAL Global Practice group in China. For additional information, please contact china@bal.com.
The Obama administration has issued a Notice of Request for Information on immigration policy in the Federal Register to solicit input from stakeholders on modernizing and streamlining the U.S. visa system. This follows President Obama’s November announcement on immigration executive action and subsequent memorandum to the secretaries of the Department of State and Department of Homeland Security, directing them to issue recommendations on improving the legal immigration system.
In the Presidential Memorandum, the secretaries of State and Homeland Security were instructed to lead an interagency effort with stakeholder involvement to develop recommendations on immigration reform by March 22, 2015. Specifically, the administration wants recommendations regarding:
The request in the Federal Register seeks thorough input from all stakeholders, including employers, visa applicants, policy advocates and the public at large in relation to the topics outlined above. A specific list of questions on each topic and instructions for submission can be found within the Federal Register announcement here. Comments must be submitted by Jan. 29, 2015 for consideration, prior to final recommendations to the administration.
BAL Analysis: Employers are encouraged to read the Federal Register request and submit input on any topics for which they feel they have valuable feedback. BAL continues to work with several of the leading business immigration trade associations, and will be advising companies and coalitions on the executive actions.
For additional information or questions:
Lynden Melmed, Partner Washington, D.C. Direct: 202.842.5830 lmelmed@bal.com
Christiana Kern, Legislative Analyst Direct: 202.842.5831 ckern@bal.com
What is the change? Processing times are longer than usual for applications submitted to the immigration office in Putrajaya or to Malaysia’s Multimedia Development Corporation (MDeC) in Cyberjaya. The delays may be due in part to the holiday rush, but are also the result of general staffing limitations.
What does the change mean? Companies submitting applications should prepare for possible delays.
Background: Though the longer processing times appear, in part, due to the holidays, the delays also seem to be caused by general staffing limitations. Longer processing times should be expected until further notice.
In Putrajaya, Employment Passes are taking four to six weeks to process. Professional Visit Passes are taking two to four weeks and Dependent Passes are taking six to eight weeks. Journey Performed Visas are taking seven to 10 business days and Endorsement of Pass applications are taking five to seven business days.
In Cyberjaya, there is no change to Stage 1 of MSC status applications; application processing still takes three to five days. However, Stage 2 of MSC status applications has been delayed, taking between 14 and 21 business days to process. Stage 1 of ICT status applications is taking seven to 10 business days. Stage 2 of ICT status applications is taking 14 business days. Endorsement of Pass applications is taking three to five business days.
BAL Analysis: It is difficult to tell when the longer processing times will subside. For the time being, businesses should figure the delays into their timelines. BAL will continue to monitor processing times and will notify clients of any significant changes.
What is the change? A new appointment system in Indonesia is leading to significant delays in the processing of applications for the Expatriate Placement Plan (RPTK), individual foreign employee approval (TA-01) and individual work permit (IMTA). Additionally, TA-01 applications have new documentation requirements. There have also been changes to validity periods for some work permits.
What does the change mean? Employers sponsoring applicants for the above permits must plan ahead and should expect delays. They should also be aware of the new TA-01 documentation requirements and new work permit validity periods.
Background: On Dec. 1, 2014, Indonesia switched to a new appointment system for RPTK, TA-01 and IMTA applications. Under the old system, hard-copy applications could be submitted one day after completing an online application. Now applicants must make an appointment online to set a date on which they submit their applications. Appointments are usually set at some point between one and three weeks after completion of the online application. In some cases, the wait can be as long as four weeks.
It is possible that wait times will decrease as officials continue implementation of the new system, but for now, employers and applicants should expect significant delays.
New documentation requirements for TA-01 applications have also taken effect. Beginning in November 2014, Indonesia began requiring that copies of university degree certificates, curriculum vitae and letters of reference be submitted with the sponsoring company’s stamp and a signature from the appropriate company HR or administrative official. Degree certificate copies, curriculum vitae and letters of reference also require a “materai,” stamp.
Finally, Indonesia has changed the validity period for certain work permits. Foreign investment companies holding a Principal Permit and not a Permanent License can only obtain work authorization for foreign nationals for six months. Company directors are exempt from the new requirement and can obtain work permits that are valid for a year.
BAL Analysis: The new application system creates significant delays in processing times. Applicants and their sponsors should build in as much as four extra weeks into their timelines. Employers must also be aware of the new documentation requirements and work permit validity periods in order to avoid needless complications.
This alert has been provided by the BAL Global Practice group and our network provider located in Indonesia. For additional information, please contact your BAL attorney.
IMPACT – MEDIUM What is the change? China has issued new rules for Short-Term Work Visas (Z Visas) for assignments lasting 90 days or less.
What does the change mean? While some will have to obtain the new visas, most business travelers will continue to be able to complete short-term work projects on M or F visas.
Background: In late 2014, authorities released a trial implementation regulation for a new Short-Term Work Visas application to solicit feedback from the public and immigration industry agents. New rules now make it clear which travelers will be required to obtain a Short-Term Work Visa and which can continue using their M or F visas.
Short-Term Work Visas will be required to attend athletic try-outs or auditions; shoot video or film, including commercials and documentaries; carry out fashion shows, including car shows and advertising photo shoots; participate in foreign commercial shows; or to accomplish technology, scientific research, management and supervision, etc. for cooperating parties in China.
Short-Term Work Visas will not be required for short-term work activities such as maintenance, installation and disassembly; supervising or inspecting a bid-winning project; completing work at company branches, subsidiaries or representative offices; or entering China for unpaid volunteer work or where volunteers are paid by an overseas institution.
Short-Term Work Visas may be able to be transferred into long-term work permits and residence permits so long as employment authorization requirements are met. It is important to note that the guidelines on Short-Term Work Visas only apply to foreigners who stay in China for 90 days or less in a calendar year. Those who stay longer must follow traditional work permit application processes.
BAL Analysis: Immigration authorities in China are still finalizing the implementation of the Short-Term Work Visa program, and the program is subject to change. For now, however, it is good news that most business travelers can continue to use M or F visas for short-term work projects in China. Requiring Short-Term Work Visas for athletes, artists, models and some others does mean it will take longer for certain people on short-term assignments to get the proper visa. However, most will not be affected by the change. BAL Shanghai will continue to closely monitor the new program and will provide additional information on the new program as needed.
What is the change? Italy has set new work permit quotas, opening up spots for 17,850 non-EU nationals to work in the country.
What does the change mean? Non-EU nationals can now apply for the work permits in specified areas.
Background: The Italian government regularly sets work permit quotas in December. The government recently set new quotas for work permits, opening up spots for 17,850 non-EU nationals to work in the country (including 2,000 spots already reserved for the Milan Expo 2015). Compared to last year, there is a slight decrease in the overall number of work permits that will be available.
A total of 2,400 work permits will be available for freelancers; officers or owners of non-cooperative companies; internationally known artists; entrepreneurs whose activity benefits the Italian economy; and people interested in creating innovative start-up companies (as provided for in law n. 221, which took effect Dec. 17). One thousand permits will be available for non-EU nationals who have completed study in courses in their home countries. One hundred spots will be reserved for people of Italian origin who have at least one Italian parent currently residing in Argentina, Uruguay, Venezuela or Brazil.
An additional 12,350 slots will be open for those converting existing permits into work permits. Of the additional slots, 6,000 will be for those converting study or training permits to work permits; 1,050 will be for converting study or training permits to autonomous work permits; 4,050 will be for conversion of seasonal work permits; 1,000 will be for conversion of EC long-term residence permits issued by another EU country into an Italian subordinate work permit; and 250 will be for EC long-term residence permits issued by another EU country into an Italian autonomous work permit.
BAL Analysis: Businesses should be cognizant of the new spots for non-EU nationals applying for work permits. To the extent that the new quotas can benefit their business needs, they should take advantage of the opportunity to bring non-EU nationals to Italy to work in the areas specified above.
This alert has been provided by the BAL Global Practice group and our network provider located in Italy. For additional information, please contact your BAL attorney.